The Texas Real Estate Commission (TREC) adopts amendments to 22 TAC §535.52, Moral Character Requirements for Individual Applicant, in Chapter 535, General Provisions, with changes to the proposal, as published in the December 1, 2017, issue of the Texas Register (42 TexReg 6671).

The amendments to §535.52 clarify that violating the terms of an administrative order by the Commission or any other governmental body tends to indicate that the applicant does not possess the honesty, trustworthiness or integrity to hold a real estate license.

The reasoned justification for the amendments is greater clarity in the rule.

No comments were received on the amendments as published. However, staff recommended a few non-substantive changes for greater clarity and consistency.

The revisions to the rule as adopted does not change the nature or scope so much that they could be deemed a different rule. The rule as adopted does not affect individuals other than those contemplated by the rule as proposed. The rule as adopted does not impose more onerous requirements than the proposed rule.

The amendments are adopted under Texas Occupations Code, §1101.151, which authorizes the Texas Real Estate Commission to adopt and enforce rules necessary to administer Chapters 1101 and 1102; and to establish standards of conduct and ethics for its license holders to fulfill the purposes of Chapters 1101 and 1102 and ensure compliance with Chapters 1101 and 1102.

The statutes affected by these amendments are Texas Occupations Code, Chapters 1101 and 1102. No other statute, code or article is affected by the amendments.